SHYAM SINGH NEGI Vs. DISTRICT JUDGE

JUDGEMENT

(1.) THIS petition by the tenant is directed against the appellate order allowing the application of the landlord for eviction of the Petitioner.

(2.) THE Respondent -landlord purchased the house in dispute in July 1971. He made an application under Section 3 of the U.P. Act III of 1947 for permission to bring a suit for ejectment of the Petitioner who was occupying the house as a tenant. With the enforcement of Act XIII of 1972 (hereinafter referred to as the Act) the proceeding was transferred to the Prescribed Authority. The landlord claimed (hat the house was bona -fide needed for his personal residence as the tenanted accommodation was insufficient and unsuitable for him. It was asserted that the tenant had constructed House No. 43 -B, Dharampur, Dehradun, which was a residential building and that he would not be put to any inconvenience if evicted from the house in question. The stand taken by the tenant was that the need of the landlord was not genuine and he was possessed of several houses in the city of Dehradun. While admitting that he had constructed the building 43 -B, Dharampur, it was alleged that it was not a residential building and that a Nursary School was being run in the building by his daughter -in -law.

(3.) LEARNED Counsel for the Petitioner contended that Explanation '1' to Section 21(1) of the Act applies to only those cases where the house is constructed by the tenant after the enforcement of the Act and is not attracted in the present case as House No. 43 -B Dharampur was constructed in 1966, long before the enforcement of the Act. The argument is untenable. The said provision runs as follows: